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LawyerDui CanadaThe Criminal Law Amendment Act, 1968-69 made it a "per se" offence to drive with a blood alcohol content in excess of 80 mg/100 ml of blood in Canada. Refusal of a police officer's demand to provide a breath sample was made an offence at the same time and both began as summary conviction offences, with a mandatory minimum C$50 fine. Driving under the influence of alcohol is a generic term for a series of offences under the Criminal Code of Canada. The main offences are operating a motor vehicle while the ability to do so is impaired by alcohol or a drug, contrary to section 253(a) of the Canadian Criminal Code, and operating a motor vehicle while having a blood alcohol concentration of greater than 80 milligrams of alcohol in 100 millilitres of blood, contrary to section 253(b) of the Criminal Code. See Criminal Code Sections 253 to 259 Both offences can be committed by a person who is actually operating or driving a motor vehicle, vessel, aircraft, or railway equipment or by a person who has care or control of such a vehicle. Care or control includes actual care or control and presumed care or control section 258(1)(a) where the person occupies the driver's seat. The latter is often the case where police find an individual sleeping behind the wheel. Dui Canada |
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